Agriculture Student-Learner – Child Labor Exception

The Fair Labor Standards Act prohibits employers from employing youth under the age of 16 in agricultural occupations that are particularly hazardous for youth under the age of 16, except in limited circumstances listed below. However, this restriction on youth employment for particularly hazardous agricultural occupations for minors under the age of 16 does not apply when the minor is employed as a vocational agriculture student-learner in any of the following occupations:

the student-learner is enrolled in a vocational agricultural education training program under a recognized State or local educational authority, or in a substantially similar program conducted by a private school;

the student-learner works under a written agreement which provides:

that the agricultural work performed by the student-learner is incidental to his training;

that such work is intermittent, for short periods of time, and under the direct and close supervision of a qualified and experienced person;

that safety instruction are given by the school and correlated by the employer with on-the-job training; and

that a schedule of organized and progressive work processes to be performed on the job have been prepared;

the written agreement contains the name of the student-learner, and is signed by the employer and by a person authorized to represent the educational authority or school; and

the written agreement is kept on file by both the school and by the employer.